R v Shanmuganathan [2020] NSWDC 817

District Court New South Wales

Medium Neutral Citation: R v Shanmuganathan [2020] NSWDC 817 Hearing dates: 8 July – 13 July 2020; 16 October 2020 Decision date: 06 November 2020 Jurisdiction: Criminal Before: Norrish QC DCJ Decision: Count 1 – sentenced to a term of imprisonment of 2 years 6 months; to be released at the expiration of 1 year 5 months imprisonment to enter a recognizance in the sum of $200 to be of good behaviour for 1 year 1 month Count 2 – sentenced to a term of imprisonment of 18 months; to be released at the expiration of 5 months imprisonment to enter a recognizance in the sum of $200 to be of good behaviour for 1 year 1 month Count 3 – sentenced to a term of imprisonment of 12 months Catchwords: CRIME – sentence – use carriage service to procure person under 16 years for sexual activity – solicit child pornography – transmit indecent communication to person under 16 years – refugee – likelihood of deportation – no prior criminal convictions – time served sufficient. Legislation Cited: Commonwealth Crimes Act. Crimes Act 1914. Criminal Code (Cth) Cases Cited: Gent (2005) 162 A Crim R 29 Holder & Anor v R (1983) 3 NSWLR 245 Imbornone v R [2017] NSWCCA 144 Johnson v R [2004] HCA15; 78 ALJR 616 Kebriti v R [2019] VSCA 275 Mill v R (1988) 166 CLR 59 Minehan v R [2010] NSWCCA 140 Palu v R [2002] NSWCCA 381 Porte [2015] NSWCCA 174 R v Poynder (2007) 171 A Crim R 544 Category: Sentence Parties: Regina (Crown) Mayuratharajan Shanmuganathan (Offender) Representation: Counsel: Mr A Wong (DPP) Mr Park (Offender) File Number(s): 2019/00094471 Publication restriction: No